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D-10. Approve Final Plat, Development Contract and Plans and Specifications for Anthem on the Park 101 MEMORANDUM CITY OF TO: Todd Gerhardt, City Manager CIHANHASSEN FROM: Stephanie Smith, Project Engineer Bob Generous, Senior Planner 7700 Market Boulevard Terry Jeffery, Water Resources Coordinator PO Box 147 Chanhassen,MN 55317 6 DATE: August 22, 2016 Administration SUBJ: Anthem on the Park Final Plat, Development Contract, and Phone:952.227.1100 Plans & Specifications—Planning Case#2016-09 Fax:952.227.1110 Building Inspections Phone:952.227.1180 PROPOSED MOTION Fax:952.227.1190 Engineering "The Chanhassen City Council approves: Phone:952.227.1160 Fax:952.227.1170 1. The final plat for Anthem on the Park subject to the conditions of the staff report; Finance 2. The development contract for Anthem on the Park; and Phone:952.227.1140 3. The plans and specifications for Anthem on the Park Fax:952.227.1110 Park&Recreation Approval requires a simple majority vote of City Council. Phone:952.227.1120 Fax:952.227.1110 PROPOSAL SUMMARY Recreation Center 2310 Coulter Boulevard The applicants,Yosemite Holding, LLC, Almond &Carolyn Krueger and Craig& Phone:952.227.1400 Deanna Claybaugh, are requesting final plat approval to create 12 lots,one outlot, and Fax:952.227.1404 right-of-way for public streets for the property located at the northwest corner of Lake Lucy Road and Yosemite Avenue. Planning& Natural Resources Phone:952.227.1130 BACKGROUND Fax:952.227.1110 On June 13, 2016, the Chanhassen City Council approved: Public Works 7901 Park Place Rezoning of the property from Rural Residential, RR, to Single-Family Phone:952.227.1300 , Residential, RSF, and Fax:952.227.1310 Senior Center Preliminary plat approval for 12 lots, one outlot and public right-of-way with Phone:952.227.1125 variances for the use of flag lots, cul-de-sac bubble size and a local street Fax:952.227.1110 centerline offset of less than 300 feet and a building setback variance from the cul-de-sac bubble for lot 11. Website www.ci.chanhassen.mn.us Chanhassen is a Community for Life-Providing for Today and Planning for Tomorrow Todd Gerhardt Anthem on the Park Final Plat—Planning Case 2016-09 August 22, 2016 Page 2 SUBDIVISION REVIEW The applicant is creating 12 lots and one outlot from 8.96 acres. The plat will dedicate the right-of- way for portions of Lake Lucy Road,Yosemite Avenue, and Anthem Place. Outlot A contains wetlands and storm water ponds and will be dedicated to the city and preserved as permanent open space. RIGHT-OF-WAY AND EASEMENTS The survey included all easements and right of way shown on the title search of the property dated November 20, 2015 from Stewart Title Guarantee Company. The applicant shall have their survey confirm this with a recent title survey before recording final plat. The applicant proposes a 60-foot right-of-way over Anthem Place and 60-foot right-of-way radius over the cul-de-sac bubble. The plat maintains the existing, 66-foot right-of-way easements for Lake Lucy Road and Yosemite Avenue. The City Council approved a variance on the right-of-way for the cul-de-sac bubble to be decreased to 50 feet at Lot 11, Block 1. Staff recommends the applicant revise the plans to incorporate this variance and increase the size of the stormwater basin on the east side of Lot 12. The retaining wall on Lots 5 and 6 proposed within the drainage and utility easement requires an encroachment agreement. An entry monument is shown on Lot 1. This shall require a paper easement between Lot 1 and the HOA that shall be recorded prior to construction of the entry monument. The site plan shows an entry monument on Lot 1. This shall require an encroachment agreement between Lot 1 and the development's HOA to be recorded prior to construction of the entry monument. Per §18-78, staff and the applicant examined providing future access for adjacent properties to the west, 1650 and 1670 Lake Lucy Road. However, it is uncertain how these properties would develop in the future and what type of legal encumbrance Lot 5 would require. Staff recommends 1650 and 1670 have access off of Lake Lucy Road when they develop in the future. GRADING Drainage Under existing conditions, the site is divided into two major drainage area. A line that extends approximately from the southeast property corner to 150 feet south of the northwest corner divides the drainage areas. Everything north and east of that divide drains to one of two wetlands and is ultimately directed to the east through a new culvert to be installed under Yosemite. Todd Gerhardt Anthem on the Park Final Plat—Planning Case 2016-09 August 22, 2016 Page 3 Southern Drainage Area Everything south and west of this divide drains to the south towards Lake Lucy. The drainage leaves the site via a culvert that goes under Lake Lucy Road and discharges onto private property to the south. The drainage then either goes through a twelve inch(12") corrugated metal pipe culvert under the private driveway which leads to the island on Lake Lucy or portion of the drainage travels past the culvert and follows an incised ditch along the drive to a wetland located on private property. A second twelve-inch(12") CMP culvert s; goes under the same drive at this location and appears to equilibrate the wetland with another wetland on the other side of the drive. It appears the drive at this • o . location is the low spot for the area and is �: . f ARO)! prone to overtopping. Regardless of -', , t ' i 1f;_i{ � - which path the drainage takes relative to �3oad� the driveway; it all ends up in a third ,/ t„.„;" wetland with no constructed outlet ' although it appears that it does drain Approximate cul ert Icc atioio Flow Direction overland to Lake Lucy if it bounces , �a approximately five(5) feet. None of this conveyance is under city easement nor -- : _ ` ; does it appear designed to city standards. I i Staff has received email and voice correspondence from owners of four of the 1, ' properties to the south that already receive ti `� runoff from the subject property. They all . I - ' • expressed great concern over directing Figure 1.Southern drainage route to Lake Lucy. additional runoff to the south. Staff agrees that the lack of easement and infrastructure makes it untenable to send any additional runoff to the south. These property owners should not bear responsibility for the stormwater management of the subject property. The development of this site must not direct any additional volume of runoff to the south. Further,rates must not be increased over existing rates for any scenario. The applicant must demonstrate to staff's satisfaction that this condition is met. The current plan iteration reduces the drainage area to the south by 1.07 acres. It is the consulting engineer's contention that the existing site conditions warrant a composite curve number(CN)of 79 and that even though the site CN increases to 85under developed conditions the total volume of decreases under each design event as shown in table 1 below. Todd Gerhardt Anthem on the Park Final Plat—Planning Case 2016-09 August 22, 2016 Page 4 Table 1.Runoff Volume by Storm Event Pre-and Post-Development. I EXISTING RUNOFF CN =79 PROPOSED RUNOFF 2 YEAR I 0.337 AF I 0.324 AF 10 YEAR I 0.674 AF I 0.592 AF 100 YEAR I 1.530 AF I 1.237 AF There have been numerous studies showing that, after mass grading, a site will be more compacted than under current conditions. Mass graded sites intentionally compact soils to increase strength for paved areas and building pads. This increase in compaction leads to an increase in bulk density and a decrease in soil porosity. This translates into an increase in the volume of water running off the site. The submittal assumed that bulk densities would remain the same after completion of mass grading as they are under the current conditions. Without a soil management plan indicating how bulk density will be reduced after completion of grading, staff feels this assumption to be erroneous and the composite curve number post development will be significantly higher than under existing conditions. The applicant must provide a soil management plan indicating site-specific remediation of soil compaction and practices to improve tilth, soil organic content, and infiltration rates. The applicant must demonstrate that bulk densities are no greater than existing conditions by providing penetrometer data for current conditions and post development and comparing them to some reference such as the NRCS Soil Quality Institute's 1999 findings. If the bulk densities are found to be elevated post-development the developer would be responsible for correcting the soils. Cul-de-sac Drainage A low spot exists at the 3 o'clock position on the proposed cul-de-sac. It is staffs preference that this low spot be removed and that positive drainage take place toward the east. The applicant's engineer feels this is not practicable and instead proposed to install a sump manhole at this location to discharge water to the wetland buffer. Drainage of Lots 6-10 In an effort to force look outs onto these lots, several issues are created, including drainage issues. Both lot 7 and lot 8 have drainage shed directly at the structures. This is an unacceptable condition. Because of the swales necessary for conveying water out of the backyards, nearly the entire backyard of lots 6 and 9 will need to be under a drainage and utility easement. This will preclude almost any landscaping as that would have a strong likelihood of creating impoundment conditions on the upstream properties. If these lots were made into full basement units it is possible that less water would be directed south, that greater treatment could be achieved and the likely drainage issues could be avoided. Todd Gerhardt Anthem on the Park Final Plat—Planning Case 2016-09 August 22, 2016 Page 5 Outlot Drainage The proposed biolfiltration feature has a 100-year high water elevation of 1008.11. It appears that this will bounce into lot 12. Given the nature of this facility, frozen conditions and sediment deposition will decrease the available pore space and can result in increased flood elevations. No emergency overflow has been provided and the plan view does not show the vertical or horizontal placement of the underdrain. The applicant will need to create an overflow between the northern wetland and the southeastern wetland. This must be stabilized and a vegetation restoration plan must be developed. The plans shall indicate that no wetland impacts, including but not limited to the placement of soils and the operation of equipment within the wetland can occur. In addition to the above discussion the following observations were also made pertaining to the grading and drainage plan: Lots 3, 4 and 5 on the southern half of the property show little level back yard area. This may be problematic for future owners of these lots as there is often an expectation to have a level backyard area for recreational use. The grading plan shall be revised to show a spot elevation at the centerline of the driveway where it meets Anthem Place. Draintile is required for all lots where stormwater runoff will flow from the back to the front of the property. Draintile shall be shown on the plans for Lots 7 and 8. All draintile that crosses lot lines shall be owned and maintained by the HOA. Velocity dissipation shall be added to the plans for the draintile outlet on Lot 10. The erosion control plan shall be revised prior to construction, to require steel posts for all silt fence. Based on the building pads shown, the hardcover area generating stormwater runoff on Lots 1-4 and 6-10 exceed the 25%maximum without taking the driveways into account. Many greatly exceed 25% and go as high as 37%hardcover. The applicant shall include a chart with the maximum hardcover allowed on each lot. The lots shall be graded to drain away from proposed building locations. Spot elevations shall be shown on the plans to verify that water will drain away from buildings at the following locations: Lot 6 backyard, Lot 7 backyard, the east side of Lot 1,the highpoint of the side yard of Lot 10. The southern basin shows an Emergency Overflow (EOF) onto Lake Lucy Road, a collector roadway. Todd Gerhardt Anthem on the Park Final Plat—Planning Case 2016-09 August 22, 2016 Page 6 To minimize additional stormwater runoff created by long driveways required for the "flag"or "neck"lot variance, the applicant's plans show proposed 10-foot driveways for the length of the "neck". The applicant shall identify the discharge point of the culvert shown on the existing topography near the existing driveway of 1600 Lake Lucy Road. If it is a driveway culvert,the applicant shall have it removed or bulkhead and abandoned. Erosion Prevention and Sediment Control The proposed development will exceed one (1) acre of disturbance and will, therefore,be subject to the General Permit Authorization to Discharge Stormwater Associated with Construction Activity Under the National Pollution Discharge Elimination/State Disposal System(NPDES Construction Permit). The applicant has prepared a Surface Water Pollution Prevention Plan (SWPPP) and submitted it to the city for approval prior to final plat review and approval. The SWPPP must be updated to include additional required information after the contractor and subcontractors are selected. No earth disturbing activities may occur until the SWPPP is updated with all required information. This SWPPP shall be a standalone document consistent with the NPDES Construction Permit and shall contain all required elements as listed in Parts III and IV of the permit. The city has a checklist which they will make available to the consulting engineer. SITE CONSTRAINTS Wetland Protection The City of Chanhassen Wetland Inventory and the Minnehaha Creek Watershed Wetland Inventory both indicate the presence of two wetlands on the subject property. Sambatek reviewed and delineated the site in October of 2015. Staff reviewed and approved the delineation that same fall. The notice of decision was mailed on November 17, 2015. The applicant provided MNRAM and determined the northerly wetland to be manage classification 2 and the easterly wetland to be manage classification 1 requiring a 20 foot and 25-foot buffer respectively. Both wetlands require a 30 setback from the buffer for the principal structure. The plans show the appropriate buffers and setback. It is the City's practice to have wetlands and buffers placed into outlots to implement the no net loss goal. The city requires that all runoff is treated prior to discharge into a wetland. Treatment practices are being proposed for much of the drainage being directed to the wetlands. It is proposed that lots 8, 9 and 10 as well as the backs of lots 11 and 12 be treated via the wetland buffer. In those cases, where no other treatment opportunities are available filter strips may be utilized. The upland area between the two wetlands will need to be graded to allow for the bounce from the northern wetland to spill over into the eastern wetland. Work will also be required adjacent to the wetland area to install the outlet pipe under Yosemite. The SWPPP must address the potential for wetland impact and how impacts will be avoided. No materials or staging can occur Todd Gerhardt Anthem on the Park Final Plat—Planning Case 2016-09 August 22, 2016 Page 7 within the wetland area. Any disturbed area within the buffers must be revegetated with native vegetation and a vegetation establishment plan must be provided. Bluff Protection There are no bluffs on the property. Shoreland Management The property lies approximately 225 feet beyond the shoreland overlay district for Lake Lucy. As such it will not be subject to shoreland requirements for land development. Floodplain Overlay This property does not lie with a floodplain. RETAINING WALLS The applicant has proposed one new retaining wall as part of this subdivision. The retaining wall at the corner of Lots 5 and 6 is approximately 125 feet long and 6 feet tall. The sideyard of Lot 5 and the backyard of Lot 6 are below this wall. As this wall crosses lot lines, it shall be owned and maintained by a Homeowners Association(HOA). STREETS The applicant proposes construction of a public street,Anthem Place. Anthem Place is proposed as an approximately 1580-foot long cul-de-sac, which will be 31 feet wide and constructed using the Chanhassen Standard Detail typical section. The applicant shall include the horizontal alignment tabulation for Anthem Place in the plans prior to construction. Access to the subdivision from Anthem Place is located south of the southeastern wetland. This location was chosen after examining three locations: off of Lake Lucy Road, Yosemite Avenue north of the wetland, and Yosemite Avenue south of the wetland. The Lake Lucy Road intersection alternative was eliminated because of sight-distance concerns around the curve on Lake Lucy Road and the desire for access control on Lake Lucy Road, a Major Collector roadway. The Yosemite Avenue access north of the wetland was eliminated due to environmental concerns from running a roadway between the two wetlands across their EOF point and future maintenance concerns due to a long road extension that is surround by wetland instead of servicing properties. The proposed plan includes a variance to the requirement of 300-foot spacing between local roads per §18-57 which was approved by the City Council. The access location on Yosemite, south of the wetland reviewed using engineering discretion and the guidelines set forth in the 2030 Comprehensive, the proposed intersection offset seems reasonable as the proposed 12 lot subdivision would generate less traffic than a multiple commercial driveway. The applicant's engineer completed a queuing analysis to confirm that traffic queuing to make a left turn into the Todd Gerhardt Anthem on the Park Final Plat—Planning Case 2016-09 August 22, 2016 Page 8 proposed development would not affect the function of the Lake Lucy Road &Yosemite Avenue intersection. The developer shall show construction limits for utility work on Yosemite Ave and submit a staging and restoration plan prior to construction of the work on Yosemite Avenue. The profile alignment for Anthem Place shall be revised, prior to the start of construction, at Station 16+00, so that the vertical curve is a minimum of 144 feet in length, or otherwise adjusted to meet the City Code requirements §18-27(h). DRIVEWAYS AND TRAILS Driveways shall be designed to meet all standards in City Code §20-1122. To minimize additional stormwater runoff created by long driveways required for the"flag"or"neck"lot variance,the applicant's plan proposes 10-foot driveways for the length of the"neck". The sidewalk does not continue north of Anthem Place, therefore the pedestrian ramp at the intersection of Anthem Place and Yosemite Avenue is not required. The pedestrian ramp on the northwest corner of the intersection of Lake Lucy Road and Yosemite Avenue shall be replaced per City of Chanhassen Standard Detail Plates. SANITARY SEWER AND WATERMAIN Sanitary Sewer The applicant proposes an 8"PVC sanitary sewer main to be owned and maintained by the City, due to the elevation of the adjacent sanitary sewer system on the east side of Yosemite Avenue, sanitary sewer for this subdivision does not meet the minimum depth required without insulation. The sanitary sewer pipe shall be insulated wherever it is less than 6 feet deep. The sanitary services may also need insulation. The proposed shallow elevation of the sanitary sewer also necessitates Lot 1-4, 11, 12 to use a private, in-home grinder system to pump waste to the public sanitary main which is a gravity flow system. The portion of the grinder pump services that lies within the right-of-way shall be gravity-flowing. Per §18-78, the applicant proposes to install sanitary sewer main to the western property boundary to provide future extension to the adjacent properties: 1650 and 1670 Lake Lucy Road. It is unlikely they would be able to connect a gravity system to the sanitary main extension and are expected to require private grinder pump systems. The retaining wall would need to be removed at the time of connection at the connecting party's expense. MH#4 shall be moved north to reduce the length of services for Lots 8, 9 and 10. Todd Gerhardt Anthem on the Park Final Plat—Planning Case 2016-09 August 22, 2016 Page 9 Water Main The applicant proposes an 8" C900 water main system. Hydrants are proposed at the end of the cul-de-sac, the mid-length of Anthem Place, and at the intersection of Anthem Place and Yosemite Avenue. The plan shall be revised to move the hydrant at the intersection north of Anthem Place to stub watermain for a future connection to the north. STORM WATER MANAGEMENT Article VII, Chapter 19 of City Code describes the required storm water management development standards. Section 19-141 states that"these development standards shall be reflected in plans prepared by developers and/or project proposers in the design and layout of site plans, subdivisions and water management features." Storm Water Utility Connection Charges . These fees can be credited up to 50% if the design has a reasonable expectation of achieving abstraction of the first 1.1 inches of runoff from all proposed hardcover on the site. The wetland and buffer and upland area put into the outlot will be removed from the assessed property. This fee will be applied to the new lot of record being created. It is calculated as shown in the table below. ASSESSMENTS Water and sewer partial hook-ups are due at the time of final plat. The partial hook-up fees will be assessed at the rate in effect at that time. The remaining partial hook-ups fees are due with the building permit. Todd Gerhardt Anthem on the Park Final Plat—Planning Case 2016-09 August 22, 2016 Page 10 COMPLIANCE TABLE Area(sq. Width Depth Hard Cover Notes ft.) (ft.) (ft.) %/sq. ft. Code 15,000 90 125 I 25/3,750 I Lot 1 20,678 I 132 I 148 I 5,169 Street frontage on three sides I Lot 2 16,063 92 J 177 4,015 I Lot 3 I 18,538 I 90 206 4,634 Lot 4 24,712 I 95 235 6,178 Lot 5 25,795 30@ 218 6,449 Flag lot,area of neck excluded. Front lot line is north prop. line Lot 6 18,254 90 176 4,563 Lot 7 15,465 90 172 3,866 Lot 8 15,146 60@ 153 3,786 I Flag lot, front lot line east Lot 9 16,034 37 155 4,008 I Flag lot, front lot line east Lot 10 19,054 99 188 4,763 I Wetland to east Lot 11 19,002 161 209 4,750 I Wetland to north Lot 12 17,794 101 195 4,448 Wetlands north and east Outlot 1 78,893 Manage 1&2 Wetland,Bio filter, 1.81 ac. ROW I 80,316 I I I I 1.844 ac. I Total 390,563 I 8.96 acres @ 30 feet width for flag lots Setbacks: RSF: front-30-ft., side-10-ft., rear-30-ft., wetland buffer-20 ft.,buffer setback-30 ft. Note there is a 20 ft. setback for Lot 11 from the cul-de-sac bubble. Hard Cover: 25% DEVELOPMENT CONTRACT The attached development contract incorporates the conditions of approval for the final plat and construction plans and specifications. A $766,414.30 financial security is required to guarantee compliance with the terms of the development contract relating to site grading, the installation of public streets and utilities, one-year of public street light operating costs, engineering, surveying, inspection, landscaping and topsoil. The cash fees for this project total $170,081.81. City funds are not needed as part of this private development project. Todd Gerhardt Anthem on the Park Final Plat—Planning Case 2016-09 August 22, 2016 Page 11 PLANS & SPECIFICATIONS The applicant has also submitted detailed construction plans and specifications for staff review and City Council approval. Staff has reviewed the plans and specifications and finds the plans still need some minor modifications. Staff requests that the City Council grant staff the flexibility to administratively approve the plans after working with the applicant's engineer to modify the plans accordingly. The plans and specifications are available for review in the Engineering Department. REVIEW CONDITIONS OF APPROVAL Building: 1. Provide a 1:200 "clean"plat drawing. *This condition still applies. 2. Demolition permits required for the removal of any existing structures. *This condition still applies. 3. Buildings may be required to be designed by an architect and/or engineer as determined by the Building Official. *This condition still applies. 4. A final grading plan and soils report must be submitted to the Inspections Division before permits can be issued. *This condition still applies. 5. Retaining walls over four feet high require a permit and must be designed by a professional engineer. *This condition still applies. 6. Each lot must be provided with separate sewer and water services. *This condition still applies. 7. The applicant and or their agent shall meet with the Inspections Division as early as possible to discuss plan review and permit procedures. *This condition still applies. Engineering: 1. The applicant shall include a chart with the maximum hardcover allowed on each lot. *This condition has been met. 2. The lots shall be graded to drain away from proposed building locations. *This condition has been met. Todd Gerhardt Anthem on the Park Final Plat-Planning Case 2016-09 August 22, 2016 Page 12 3. Spot elevations shall be shown on the plans to verify that water will drain away from buildings at the following locations: Lot 6 backyard, Lot 7 backyard, the east side of Lot 1, the highpoint of the side yard of Lot 10. *This condition has been modified. 4. The applicant shall revise lots 6-9 be a full-basement, rambler-style home. *This condition has been met. -5. The grading plan shall be revised to show a spot elevation at the centerline ofeachdriveway where it meets Anthem Place prior to issuance of building permits. *This condition has been modified. 6. Draintile is required for all lots where stormwater runoff will flow from the back to the front of the property. Draintile shall be shown on the plans for Lots 6, 7, 8, and 9 prior to start of construction. *This condition has been modified. 7. The applicant shall identify the discharge point of the culvert shown on the existing topography near the existing driveway of 1600 Lake Lucy Road. If it is a driveway culvert, the applicant shall have it removed or bulkhead and abandoned. *This condition has been met. 8. The plans shall identify the areas intended for stockpiling materials on site during construction. *This condition has been met. 9. Top and bottom wall clo aticns shall bo shown for the retaining wall on the eastern property line of Lot 9. *This condition no longer applies. 10. Any retaining wall that crosses lot lines shall be owned and maintained by a Homeowners Association(HOA) per an HOA covenant to be recorded prior to issuance of any building permit for Lots 1-12,Block 1. *This condition has been modified. 11. The development plans shall call out the material of the retaining wall. The following materials are prohibited for retaining wall construction: smooth face, poured in place concrete (stamped or patterned is acceptable), masonry, railroad ties and timber. *This condition has been met. 12. Boulder walls shall not be taller than six feet. *This condition has been met. 13. The applicant shall have their surveyor confirm all easements and right of way shown with a recent title survey before final plat documents are recorded. *This condition has been modified. Todd Gerhardt Anthem on the Park Final Plat—Planning Case 2016-09 August 22, 2016 Page 13 14. Easements over drainage swales,basins and storm water pipes shall be called out as "Drainage and Utility" easements. *This condition has been met. 15. Retaining walls and an =try::c fa::e nt arc proposed within City easements. These elements shall be relocated outside of the standard porirn.etor drainage and utility easement boundaries, expecting the ret-""g—al cn Lots 5 and 6. *This condition no longer applies. 16. The retaining wall on Lots 5 and 6 requires an encroachment agreement to be recorded with the fmal plat. *This condition has been modified. 17. An entry monument is shown on Lot 1. This shall require a paper easement between Lot 1 and the HOA that shall be recorded prior to construction of the entry monument. *This condition has been modified. 18. The applicant shall name Anthem Place with coordination with the Fire Marshall prior to submittal for final plat review. *This condition has met. 19. The applicant shall include the horizontal alignment tabulation for Anthem Place in the plans. *This condition has been modified. 20. The developer shall show construction limits for utility work below Yosemite Ave and submit a staging and restoration prior to the start of utility construction. *This condition has been modified. 21. The plan shall be revised to install a street light at the intersection of Anthem Place and Yosemite Avenue. *This condition has been modified and met. 22. Driveway grades shall be shown on the plan in the final plat submittal. *This condition has been modified and met. 23. Driveways shall be designed to meet all standards in City Code §20-1122. *This condition still applies. . . . • . . . . .a o ,.hall not be constructed at the intersection of.^:thc::Place and Ycsc nitc Avenue. *This condition no longer applies. Todd Gerhardt Anthem on the Park Final Plat—Planning Case 2016-09 August 22, 2016 Page 14 25. The pedestrian ramp on the northwest corner of the intersection of Lake Lucy Road and Yosemite Avenue shall be replaced per City of Chanhassen Standard Detail Plates. The plan shall be revised to include the replacement prior to the start of construction. *This condition still applies. 26. The plan shall be revised to note that sanitary sewer pipe shall be insulated wherever it is less than 6 feet deep. *This condition has been modified and met. 27. The portion of the sanitary services that lies within the right-of-way shall be gravity-flowing. *This condition still applies. 28. The sanitary sewer/water main crossing-on Lot 1 may conflict. The applicant •1{A be in K 11V{All engin:e:shall verify this when the utility profiles are drafted. *This condition no longer applies. 29. SMH 5 shall be moved to be centered between the building pads for Lots 5 and 6. *This condition has been met. 30. The sanitary services within the cul de sac bubble shall be revised to eliminate bends and . . -' - • - - - _ . . . MH #4 shall be moved north to shorten the length of services for Lots 8, 9 and 10. *This condition has been modified. 31. The utility plan sheet shall be revised to call out the City of Chanhassen as the local authority in Note 13. *This condition has been met. 32. The plans shall call out C900 material for the water main pipe. *This condition has been met. 33. The sanitary sewer/water main crossing on Lot 1 may be in conflict. The applicant's engineer shall verify this when the utility profiles are drafted. *This condition no longer applies. 34. Two additional hydrants shall be installed, one at the intersection of Anthem Place and Yosemite Avenue and one at Station 3+00 of Anthem Place. *This condition has been met. 35. Water and sewer partial hook-ups are due at the time of final plat. The partial hook-up fees will be assessed at the rate in effect at that time. *This condition still applies. Todd Gerhardt Anthem on the Park Final Plat—Planning Case 2016-09 August 22, 2016 Page 15 Based on review of the construction plans, staff recommends that the following conditions be added: 36. If the entry monument is to be built on City-owned Outlot A, the developer shall enter into an encroachment agreement with the City, prior to construction of the monument. 37. The plan shall be revised prior to the start of construction to provide velocity dissipation for the draintile outlet on Lot 10. 38. The plan shall be revised, prior to the start of construction, to move the yard drain on Lot 9 to the bottom of the swale. 39. The HOA shall own and maintain any draintile that crosses property lines. This shall be included in the HOA covenant documents to be recorded prior to issuance of any building permit for Lots 1-12, Block 1. 40. Lots 1-12, Block 1 shall be under the same Homeowners Association the covenants of which shall be recorded prior to issuance of any building permit for Lots 1-12, Block 1. 41. The existing survey shall call out existing structures that are not used as residents as "structures" rather than "houses". This shall be revised prior to start of construction. 42. The erosion control plan be revised prior to construction, to require steel posts for all silt fence. 43. The profile alignment for Anthem Place shall be revised, prior to the start of construction, at Sta 16+00, so that the vertical curve is a minimum of 144 feet in length, or otherwise adjusted to meet the City Code requirements §18-27(h). 44. The plan shall be revised, prior to the start of construction, to move the hydrant at Anthem Place and Yosemite Avenue to the north side of Anthem Place so as to provide a stub for future watermain connection to the north. Environmental Resources: 1. A revised tree preservation plan and calculations must be submitted to the city prior to final approval. *This condition has been met. 2. All required plantings must be located on private property outside of public right-of-way. The landscape plan shall be changed to reflect this requirement. *This condition has been met. 3. Ash trees shall be removed within the proposed tree preservation area. Removals shall be directed by the city. Reforestation trees may be located within Outlot. *This condition has been modified. Todd Gerhardt Anthem on the Park Final Plat—Planning Case 2016-09 August 22, 2016 Page 16 4. A revised landscape plan with a detailed plant schedule listing quantities for each individual species shall be submitted to the city before final approval. *This condition has been met. 5. The proposed tree preservation area in the northeast corner of the development shall be incorporated into outlot including wetlands. *This condition has been met. Based on review of the final plat plans, staff is recommending that the following condition be added: Colorado spruce and pin oak selections shall be replaced with species suitable for the area. Fire: 1. Proposed street name will be submitted by the applicant to Chanhassen Building Official and Chanhassen Fire Marshal for review and approval. *This condition has been meet. Anthem Place is acceptable. 2. Two addition fire hydrants will be required: one at the south/west corner of Yosemite and Street "A" and the second one on the south side of street"A"by Sta.3+00. *This condition has been met. 3. A three-foot clear space shall be maintained around fire hydrants. *This condition still applies. 4. Street sign(s) (temporary allowed) shall be installed prior to building permits being issued. Fire Marshal must approve signage. *This condition still applies. 5. Prior to combustible home construction fire apparatus access roads capable of supporting the weight of fire apparatus shall be made serviceable. *This condition still applies. 6. An addition address number will be required for lot#9. Its location shall be at the entrance of the private driveway. Sign location and size must be approved by the Fire Marshal. *This condition still applies. 7. Prior to combustible construction fire hydrants shall be made serviceable. *This condition still applies. 8. No burning permits will be issued for tree/brush removal. *This condition still applies. Todd Gerhardt Anthem on the Park Final Plat—Planning Case 2016-09 August 22, 2016 Page 17 Parks: 1. Full park dedication fees for 10 lots shall be collected per city ordinance in lieu of requiring parkland dedication. *This condition still applies. 2. Dedication of a 20-foot wide trail and a utility and drainage easement between lot 7 and lot 8. *This condition still applies. 3. Planning, engineering, and construction per city standards of an 8-foot wide bituminous trail within this easement connecting public Street"A" and Pheasant Hill Park. *This condition still applies. 4. Relocation of the public sidewalk to the south side of Street"A". *This condition has been met. Planning: 1. The front lot lines for lots 5 shall be the north property line, for lots 8 and 9 the east lot lines. *This condition still applies. 2. The entry monument may not be located within the right-of-way and must be located outside of the sight triangle. A sign easement shall be dedicated where the monument sign will be located. *This condition still applies. Water Resources: 1. Runoff rates and volumes cannot be increased to the south. *This condition still applies. 2. Curve numbers and drainage areas shall accurately reflect pre and post-construction conditions. *This condition still applies. 3. The stormwater management practices shall achieve a new overall reduction of at least 90% for total suspended solids and 60% for total phosphorous using industry accepted removal rates. This includes manipulation of the NURP50 Particle Distribution filtration efficiencies to match accepted literature values. *This condition has been met. 4. The sump manhole and SAFL Baffle shall not be included in the P8 model as the P8 model already assumes pretreatment. *This condition has been met. 5. All sumps with SAFL baffles shall be a minimum of 3 feet in depth. *This condition has been met. Todd Gerhardt Anthem on the Park Final Plat—Planning Case 2016-09 August 22, 2016 Page 18 6. The applicant shall prepare and submit a Surface Water Pollution Prevention Plan that contains all required elements from Parts III and IV of the NPDES/SDS Construction Permit. This shall be a standalone document. *This condition has been met. 7. Any disturbance of the buffer areas shall be restored with native vegetation appropriate to the area and the plans shall note this and the seed mix to be used. *This condition still applies. 8. A plan shall be prepared showing the placement of wetland buffer monuments. *This condition shall be modified as follows: A plan shall be prepared showing the placement of wetland buffer monuments including a monument at midpoint of east lot line for Lot 12. 9. All buffer monuments shall be installed prior to the sale of any lots. *This condition still applies. 10. All stormwater practices shall be placed into a drainage and utility easement if not included in an outlot. *This condition has been met. 11. All drainage swales shall be included in drainage and utility easements and the development shall make any future builder and homeowner aware that these may not be altered without submittal of a revised grading plan to the city and subsequent approval of that revised plan. *This condition has been met. 12. The development contract shall include language indicating that the Homeowners' Association shall be responsible for any landscaping work associated with the biofiltration feature and the city shall maintain the associated infrastructure including the underdrain, the filtration media and the piped storm sewer conveyance system. *This condition still applies. 13. The south biofiltration feature shall have a skimmer emergency overflow structure designed and installed. This condition has been met. 14. A detailed plan of the filtration basins, consistent with the MN Stormwater Manual shall be submitted with the final plat submittal for review and approval by city staff. It shall include, at a minimum, a plan view, a profile view, all necessary elevations, any in situ soil preparation, methodologies to be employed to protect from construction traffic, soil filter media specifications, any plantings and any appurtenant work to be done. *This condition still applies. 15. Underdrains and drain tile shall have tracer wire and cleanouts. *This condition still applies. Todd Gerhardt Anthem on the Park Final Plat—Planning Case 2016-09 August 22, 2016 Page 19 16. Pretreatment shall be required for all filtration basins receiving piped discharge. *This condition has been met. 17. A forebay, surge basin or other approved energy dissipation device shall be provided for the inlet into the biofiltration feature included in the outlot. The selected practice must not create undue maintenance burdens. The end result shall be non-erosive velocities into the basin. *This condition has been met. 18. Efforts shall be made to raise the elevations of Lots 2 through 5 to assure positive flow towards the Anthem Place and ultimately to the treatment devices. *This condition has been met. 19. The applicant, their consultant and city staff shall collaborate to minimize drainage concerns in the back and side yards of lots 6 through 10. *This condition has been met. 20. Storm Water Utility Connection charges due at the final plat are estimated to be$58,880.00. *This condition shall be modified as follows: Storm Water Utility Connection charges due at the final plat are estimated to be$58,880.00. RECOMMENDATION Staff recommends approval of the final plat, development contract and plans and specifications prepared by Stantec, dated 07/13/2016 for Anthem on the Park subject to the following conditions: Building: 1. Provide a 1:200 "clean"plat drawing. 2. Demolition permits required for the removal of any existing structures. 3. Buildings may be required to be designed by an architect and/or engineer as determined by the Building Official. 4. A final grading plan and soils report must be submitted to the Inspections Division before permits can be issued. 5. Retaining walls over four feet high require a permit and must be designed by a professional engineer. 6. Each lot must be provided with separate sewer and water services. 7. The applicant and or their agent shall meet with the Inspections Division as early as possible to discuss plan review and permit procedures. Todd Gerhardt Anthem on the Park Final Plat—Planning Case 2016-09 August 22, 2016 Page 20 Engineering: 1. Spot elevations shall be shown on the plans to verify that water will drain away from buildings at the following locations: the east side of Lot 1. 2. The applicant shall revise lots 6-9 be a full-basement,rambler-style home. *This condition has been met. 3. The grading plan shall be revised to show a spot elevation at the centerline of each driveway where it meets Anthem Place prior to issuance of building permits. 4. Draintile is required for all lots where stormwater runoff will flow from the back to the front of the property. Draintile shall be shown on the plans for Lots 6, 7, 8, and 9 prior to start of construction. 5. The plans shall identify the areas intended for stockpiling materials on site during construction. 6. Any retaining wall that crosses lot lines shall be owned and maintained by a Homeowners Association (HOA)per an HOA covenant to be recorded prior to issuance of any building permit for Lots 1-12, Block 1. 7. The applicant shall have their surveyor confirm all easements and right of way shown with a recent title survey before final plat documents are recorded. 8. The retaining wall on Lots 5 and 6 requires an encroachment agreement to be recorded with the final plat. 9. An entry monument is shown on Lot 1. This shall require a paper easement between Lot 1 and the HOA that shall be recorded prior to construction of the entry monument. 10. The applicant shall name Anthem Place with coordination with the Fire Marshall prior to submittal for final plat review. *This condition has met. 11. The applicant shall include the horizontal alignment tabulation for Anthem Place in the plans. 12. The developer shall show construction limits for utility work below Yosemite Ave and submit a staging and restoration prior to the start of utility construction. 13. The plan shall be revised to install a street light at the intersection of Anthem Place and Yosemite Avenue. 14. Driveway grades shall be shown on the plan in the final plat submittal. *This condition has been modified and met. Todd Gerhardt Anthem on the Park Final Plat—Planning Case 2016-09 August 22, 2016 Page 21 15. Driveways shall be designed to meet all standards in City Code §20-1122. 16. The pedestrian ramp on the northwest corner of the intersection of Lake Lucy Road and Yosemite Avenue shall be replaced per City of Chanhassen Standard Detail Plates. The plan shall be revised to include the replacement prior to the start of construction. 17. The plan shall be revised to note that sanitary sewer pipe shall be insulated wherever it is less than 6 feet deep. 18. The portion of the sanitary services that lies within the right-of-way shall be gravity-flowing. 19. MH #4 shall be moved north to shorten the length of services for Lots 8, 9 and 10. 20. The sanitary sewer/water main crossing on Lot 1 may be in conflict. The applicant's engineer shall verify this when the utility profiles are drafted. 21. Water and sewer partial hook-ups are due at the time of final plat. The partial hook-up fees will be assessed at the rate in effect at that time. 22. If the entry monument is to be built on City-owned Outlot A, the developer shall enter into an encroachment agreement with the City,prior to construction of the monument. 23. The plan shall be revised prior to the start of construction to provide velocity dissipation for the draintile outlet on Lot 10. 24. The plan shall be revised, prior to the start of construction, to move the yard drain on Lot 9 to the bottom of the swale. 25. The HOA shall own and maintain any draintile that crosses property lines. This shall be included in the HOA covenant documents to be recorded prior to issuance of any building permit for Lots 1-12, Block 1. 26. Lots 1-12, Block 1 shall be under the same Homeowners Association the covenants of which shall be recorded prior to issuance of any building permit for Lots 1-12, Block 1. 27. The existing survey shall call out existing structures that are not used as residents as "structures"rather than"houses". This shall be revised prior to start of construction. 28. The erosion control plan be revised prior to construction, to require steel posts for all silt fence. 29. The profile alignment for Anthem Place shall be revised,prior to the start of construction, at Sta 16+00, so that the vertical curve is a minimum of 144 feet in length, or otherwise adjusted to meet the City Code requirements §18-27(h). Todd Gerhardt Anthem on the Park Final Plat—Planning Case 2016-09 August 22, 2016 Page 22 30. The plan shall be revised,prior to the start of construction, to move the hydrant at Anthem Place and Yosemite Avenue to the north side of Anthem Place so as to provide a stub for future watermain connection to the north. Environmental Resources: 1. Ash trees shall be removed within the proposed tree preservation area. Removals shall be directed by the city. Reforestation trees may be located within the Outlot. 2. Colorado spruce and pin oak selections shall be replaced with species suitable for the area. Fire: 1. A three-foot clear space shall be maintained around fire hydrants. 2. Street sign(s) (temporary allowed) shall be installed prior to building permits being issued. Fire Marshal must approve signage. 3. Prior to combustible home construction fire apparatus access roads capable of supporting the weight of fire apparatus shall be made serviceable. 4. An addition address number will be required for lot#9. Its location shall be at the entrance of the private driveway. Sign location and size must be approved by the Fire Marshal. 5. Prior to combustible construction fire hydrants shall be made serviceable. 6. No burning permits will be issued for tree/brush removal. Parks: 1. Full park dedication fees for 10 lots shall be collected per city ordinance in lieu of requiring parkland dedication. 2. Dedication of a 20-foot wide trail and a utility and drainage easement between lot 7 and lot 8. 3. Planning, engineering, and construction per city standards of an 8-foot wide bituminous trail within this easement connecting public Street"A" and Pheasant Hill Park. Planning: 1. The front lot lines for lots 5 shall be the north property line, for lots 8 and 9 the east lot lines. 2. The entry monument may not be located within the right-of-way and must be located outside of the sight triangle. A sign easement shall be dedicated where the monument sign will be located. Todd Gerhardt Anthem on the Park Final Plat—Planning Case 2016-09 August 22, 2016 Page 23 Water Resources: 1. Runoff rates and volumes cannot be increased to the south. 2. Curve numbers and drainage areas shall accurately reflect pre and post-construction conditions. 3. Any disturbance of the buffer areas shall be restored with native vegetation appropriate to the area and the plans shall note this and the seed mix to be used. 4. A plan shall be prepared showing the placement of wetland buffer monuments including a monument at midpoint of east lot line for Lot 12. 5. All buffer monuments shall be installed prior to the sale of any lots. 6. The development contract shall include language indicating that the Homeowners' Association shall be responsible for any landscaping work associated with the biofiltration feature and the city shall maintain the associated infrastructure including the underdrain,the filtration media and the piped storm sewer conveyance system. 7. A detailed plan of the filtration basins, consistent with the MN Stormwater Manual shall be submitted with the final plat submittal for review and approval by city staff. It shall include, at a minimum, a plan view, a profile view, all necessary elevations, any in situ soil preparation, methodologies to be employed to protect from construction traffic, soil filter media specifications, any plantings and any appurtenant work to be done. 8. Underdrains and drain tile shall have tracer wire and cleanouts. 9. Storm Water Utility Connection charges due at the final plat are$58,880.00. ATTACHMENTS 1. Reduced Copy Final Plat. 2. Development Contract. g:\plan\2016 planning cases\2016-09 lake lucy rd-anthem on the park\final plat\staff report fp.doc Mg pps13 kg a ` a ig 4551 •`4'4 me iy L o fr ` E03 E . E `p P 3 ��/� k$ : 33 ff£ 6 X :3g gg` ; Y/ g WD fib E S i°i 8 8 . :' �t R4 °W 8 g ig, h , t6 i s SFEoo U vg - > G I 2 I g S BbE€ "z g" 3' g Eby 4 8 i R a i. d Iv E3 ei! fi a E 188 i S a Ti cu E IMge, sb li § ig 8 1 #E r g r to ..� t € d t„e3 € z 8 ' C g, &a & R kEE if $M1 y 8 € ns1 ¢ 1 @ s • w ' a i A ` 7ge a13 - E 1 & €s i 1 • 3 Rig&3gAg$r V' ` - R a E 'ii i i C e Ib §y€y g a gp p FE 5! gl w 1 EEE S _ k` i EN- WIgL ig 8 € E F €Q ni E . 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REQUEST FOR PLAT APPROVAL SP-1 2. CONDITIONS OF PLAT APPROVAL SP-1 3. DEVELOPMENT PLANS SP-1 4. IMPROVEMENTS SP-2 5. TIME OF PERFORMANCE SP-2 6. SECURITY SP-2 7. NOTICE SP-3 8. OTHER SPECIAL CONDITIONS SP-3 9. GENERAL CONDITIONS SP-7 GENERAL CONDITIONS 1. RIGHT TO PROCEED GC-1 2. PHASED DEVELOPMENT GC-1 3. PRELIMINARY PLAT STATUS GC-1 4. CHANGES IN OFFICIAL CONTROLS GC-1 5. IMPROVEMENTS GC-1 6. IRON MONUMENTS GC-2 7. LICENSE GC-2 8. SITE EROSION AND SEDIMENT CONTROL GC-2 8A. EROSION CONTROL DURING CONSTRUCTION OF A DWELLING OR OTHER BUILDING GC-2 9. CLEAN UP GC-3 10. ACCEPTANCE AND OWNERSHIP OF IMPROVEMENTS GC-3 11. CLAIMS GC-3 12. PARK DEDICATION GC-3 13. LANDSCAPING GC-3 14. WARRANTY GC-4 15. LOT PLANS GC-4 16. EXISTING ASSESSMENTS GC-4 17. HOOK-UP CHARGES GC-4 18. PUBLIC STREET LIGHTING GC-4 19. SIGNAGE GC-5 20. HOUSE PADS GC-5 21. RESPONSIBILITY FOR COSTS GC-5 22. DEVELOPER'S DEFAULT GC-6 22. MISCELLANEOUS A. Construction Trailers GC-6 B. Postal Service GC-7 C. Third Parties GC-7 D. Breach of Contract GC-7 E. Severability GC-7 F. Building Permits GC-7 G. Waivers/Amendments GC-7 H. Release GC-7 I. Insurance GC-7 J. Remedies GC-8 K. Assignability GC-8 L. Construction Hours GC-8 M. Noise Amplification GC-8 N. Access GC-8 O. Street Maintenance GC-8 P. Storm Sewer Maintenance GC-9 Q. Soil Treatment Systems GC-9 R. Variances GC-9 S. Compliance with Laws, Ordinances, and Regulations GC-9 T. Proof of Title GC-9 U. Soil Conditions GC-10 V. Soil Correction GC-10 W. Haul Routes GC-10 X. Development Signs GC-10 Y. Construction Plans GC-10 Z. As-Built Lot Surveys GC-11 ii CITY OF CHANHASSEN DEVELOPMENT CONTRACT (Developer Installed Improvements) ANTHEM ON THE PARK SPECIAL PROVISIONS AGREEMENT dated , 2016 by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation (the "City"), and, YOSEMITE HOLDINGS LLC, a Limited Liability Company(the "Developer"). 1. Request for Plat Approval. The Developer has asked the City to approve a plat for ANTHEM ON THE PARK(referred to in this Contract as the "plat"). The land is legally described on the attached Exhibit "A". 2. Conditions of Plat Approval. The City hereby approves the plat on condition that the Developer enter into this Contract, furnish the security required by it, and record the plat with the County Recorder or Registrar of Titles within 30 days after the City Council approves the plat. 3. Development Plans. The plat shall be developed in accordance with the following plans. The plans shall not be attached to this Contract. With the exception of Plan A,the plans may be prepared, subject to City approval, after entering the Contract, but before commencement of any work in the plat. If the plans vary from the written terms of this Contract, the written terms shall control. The plans are: Plan A: Final plat approved 8/22/2016,prepared by Stantec. Plan B: Grading, Drainage and Erosion Control Plan dated 7/13/2016,prepared by Stantec. Plan C: Plans and Specifications for Improvements dated 7/13/2016,prepared by Stantec. Plan D: Landscape Plan dated 7/13/2016,prepared by Stantec. SP-1 4. Improvements. The Developer shall install and pay for the following: A. Sanitary Sewer System B. Water System C. Storm Water Drainage System D. Streets E. Concrete Curb and Gutter F. Street Lights G. Site Grading/Restoration H. Underground Utilities(e.g. gas, electric,telephone, CATV) I. Setting of Lot and Block Monuments J. Surveying and Staking K. Landscaping L. Erosion Control 5. Time of Performance. The Developer shall install all required improvements by November 15, 2016 except for the landscaping, entry monument and wear course on public streets which shall be installed by November 15,2017. The Developer may,however,request an extension of time from the City Engineer. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. 6. Security. To guarantee compliance with the terms of this Contract, payment of special assessments,payment of the costs of all public improvements, and construction of all public improvements, the Developer shall furnish the City with a letter of credit in the form attached hereto, from a bank acceptable to the City, or cash escrow ("security") for $766,414.30. The amount of the security was calculated as 110%of the following: Site Grading $108,338.00 Erosion Control/Restoration $ 10,028.18 Topsoil (75%of lot area*6 inches at$30/CY) $ 94,689.58 Sanitary Sewer $ 71,940.00 Watermain $ 64,130.00 Storm Sewer, Drainage System, including cleaning and maintenance $ 80,295.00 Streets and Trails $210,090.50 Sub-total, Construction Costs $639,211.26 Engineering, surveying, and inspection(7%of construction costs) $ 44,744.79 Landscaping(2%of construction costs) $ 12,784.23 Sub-total,Other Costs $ 57,529.01 TOTAL COST OF PUBLIC IMPROVEMENTS $696,740.28 SECURITY AMOUNT(110% of$696,740.28) $766,414.30 This breakdown is for historical reference; it is not a restriction on the use of the security. The security shall be subject to the approval of the City. The City may draw down the security,without SP-2 notice, for any violation of the terms of this Contract. If the required public improvements are not completed at least thirty(30) days prior to the expiration of the security, the City may also draw it down. If the security is drawn down,the draw shall be used to cure the default. With City approval, the security may be reduced from time to time as financial obligations are paid,but in no case shall the security be reduced to a point less than 10% of the original amount until (1) all improvements have been completed, (2) iron monuments for lot corners have been installed, (3) all financial obligations to the City satisfied, (4)the required"record"plans have been received by the City, (5)a warranty security is provided, and(6)the public improvements are accepted by the City. 7. Notice. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by registered mail at the following address: TERRY FORBORD YOSEMITE HOLDINGS LLC 4960 SUSSEX PLACE SHOREWOOD, MN 55331-9217 Phone: 952-470-5121 Notices to the City shall be in writing and shall be either hand delivered to the City Manager, or mailed to the City by certified mail in care of the City Manager at the following address: Chanhassen City Hall, 7700 Market Boulevard, P.O. Box 147, Chanhassen, Minnesota 55317, Telephone(952)227-1100. 8. Other Special Conditions. A. SECURITIES AND FEES A $766,414.30 letter of credit or escrow for the developer-installed improvements, the $170,081.81 cash administration fee and the fully-executed development contract must be submitted and shall be submitted prior to scheduling a pre-construction meeting. The cash fee was calculated as follows: Administration fee (based on estimated cost: 3% of $500,000 $ 18 934.81 plus 2%of$196,740.28) ' Final Plat Processing $ 450.00 GIS fee: 12 parcels @$10/parcel+$25 for the plat $ 145.00 Park Dedication Fee: 10 parcels @$5,800/parcel $ 58,000.00 Partial payment of City sewer and water hookup fees: 12 units @$691/unit(sewer)+$2,065/unit(water) $ 33,072.00 Street light operating fee: 2 lights @$300/light $ 600.00 Surface Water Management Fee $ 58.880.00 Total $170,081.81 B. Building: 1. Provide a 1:200"clean"plat drawing. SP-3 2. Demolition permits required for the removal of any existing structures. 3. Buildings may be required to be designed by an architect and/or engineer as determined by the Building Official. 4. A final grading plan and soils report must be submitted to the Inspections Division before permits can be issued. 5. Retaining walls over four feet high require a permit and must be designed by a professional engineer. 6. Each lot must be provided with separate sewer and water services. 7. The applicant and or their agent shall meet with the Inspections Division as early as possible to discuss plan review and permit procedures. C. Engineering: 1. Spot elevations shall be shown on the plans to verify that water will drain away from buildings at the following locations: the east side of Lot 1. 2. The grading plan shall be revised to show a spot elevation at the centerline of each driveway where it meets Anthem Place prior to issuance of building permits. 3. Draintile is required for all lots where stormwater runoff will flow from the back to the front of the property. Draintile shall be shown on the plans for Lots 6, 7, 8, and 9 prior to start of construction. 4. The plans shall identify the areas intended for stockpiling materials on site during construction. 5. Any retaining wall that crosses lot lines shall be owned and maintained by a Homeowners Association (HOA)per an HOA covenant to be recorded prior to issuance of any building permit for Lots 1-12, Block 1. 6. The applicant shall have their surveyor confirm all easements and right of way shown with a recent title survey before final plat documents are recorded. 7. The retaining wall on Lots 5 and 6 requires an encroachment agreement to be recorded with the final plat. 8. An entry monument is shown on Lot 1. This shall require a paper easement between Lot 1 and the HOA that shall be recorded prior to construction of the entry monument. 9. The applicant shall include the horizontal alignment tabulation for Anthem Place in the plans. 10. The developer shall show construction limits for utility work below Yosemite Ave and submit a staging and restoration prior to the start of utility construction. SP-4 11. The plan shall be revised to install a street light at the intersection of Anthem Place and Yosemite Avenue. 12. Driveways shall be designed to meet all standards in City Code §20-1122. 13. The pedestrian ramp on the northwest corner of the intersection of Lake Lucy Road and Yosemite Avenue shall be replaced per City of Chanhassen Standard Detail Plates. The plan shall be revised to include the replacement prior to the start of construction. 14. The plan shall be revised to note that sanitary sewer pipe shall be insulated wherever it is less than 6 feet deep. 15. The portion of the sanitary services that lies within the right-of-way shall be gravity- flowing. 16. MH #4 shall be moved north to shorten the length of services for Lots 8, 9 and 10. 17. The sanitary sewer/water main crossing on Lot 1 may be in conflict. The applicant's engineer shall verify this when the utility profiles are drafted. 18. Water and sewer partial hook-ups are due at the time of final plat. The partial hook-up fees will be assessed at the rate in effect at that time. 19. If the entry monument is to be built on City-owned Outlot A, the developer shall enter into an encroachment agreement with the City, prior to construction of the monument. 20. The plan shall be revised prior to the start of construction to provide velocity dissipation for the draintile outlet on Lot 10. 21. The plan shall be revised, prior to the start of construction, to move the yard drain on Lot 9 to the bottom of the swale. 22. The HOA shall own and maintain any draintile that crosses property lines. This shall be included in the HOA covenant documents to be recorded prior to issuance of any building permit for Lots 1-12, Block 1. 23. Lots 1-12, Block 1 shall be under the same Homeowners Association the covenants of which shall be recorded prior to issuance of any building permit for Lots 1-12, Block 1. 24. The existing survey shall call out existing structures that are not used as residents as "structures"rather than"houses". This shall be revised prior to start of construction. 25. The erosion control plan be revised prior to construction, to require steel posts for all silt fence. 26. The profile alignment for Anthem Place shall be revised, prior to the start of construction, at Sta 16+00, so that the vertical curve is a minimum of 144 feet in length, or otherwise adjusted to meet the City Code requirements §18-27(h). SP-5 27. The plan shall be revised,prior to the start of construction, to move the hydrant at Anthem Place and Yosemite Avenue to the north side of Anthem Place so as to provide a stub for future watermain connection to the north. D. Environmental Resources: 1. Ash trees shall be removed within the proposed tree preservation area. Removals shall be directed by the city. Reforestation trees may be located within Outlot. 2. Colorado spruce and pin oak selections shall be replaced with species suitable for the area. E. Fire: 1. A three-foot clear space shall be maintained around fire hydrants. 2. Street sign(s) (temporary allowed) shall be installed prior to building permits being issued. Fire Marshal must approve signage. 3. Prior to combustible home construction fire apparatus access roads capable of supporting the weight of fire apparatus shall be made serviceable.. 4. An addition address number will be required for lot#9. Its location shall be at the entrance of the private driveway. Sign location and size must be approved by the Fire Marshal. 5. Prior to combustible construction fire hydrants shall be made serviceable. 6. No burning permits will be issued for tree/brush removal. F. Parks: 1. Full park dedication fees for 10 lots shall be collected per city ordinance in lieu of requiring parkland dedication. 2. Dedication of a 20-foot wide trail and a utility and drainage easement between lot 7 and lot 8. 3. Planning, engineering, and construction per city standards of an 8-foot wide bituminous trail within this easement connecting public Street "A"and Pheasant Hill Park. G. Planning: 1. The front lot lines for lots 5 shall be the north property line, for lots 8 and 9 the east lot lines. 2. The entry monument may not be located within the right-of-way and must be located outside of the sight triangle. A sign easement shall be dedicated where the monument sign will be located. SP-6 H. Water Resources: 1. Runoff rates and volumes cannot be increased to the south. s. 2. Curve numbers and drainage areas shall accurately reflect pre and post-construction conditions. 3. Any disturbance of the buffer areas shall be restored with native vegetation appropriate to the area and the plans shall note this and the seed mix to be used. 4. A plan shall be prepared showing the placement of wetland buffer monuments including a monument at midpoint of east lot line for Lot 12. 5. All buffer monuments shall be installed prior to the sale of any lots. 6. The development contract shall include language indicating that the Homeowners' Association shall be responsible for any landscaping work associated with the biofiltration feature and the city shall maintain the associated infrastructure including the underdrain, the filtration media and the piped storm sewer conveyance system. 7. A detailed plan of the filtration basins, consistent with the MN Stormwater Manual shall be submitted with the final plat submittal for review and approval by city staff. It shall include, at a minimum, a plan view, a profile view, all necessary elevations, any in situ soil preparation,methodologies to be employed to protect from construction traffic, soil filter media specifications, any plantings and any appurtenant work to be done. 8. Underdrains and drain tile shall have tracer wire and cleanouts. 9. Storm Water Utility Connection charges due at the final plat are$58,880.00. 9. General Conditions. The general conditions of this Contract are attached as Exhibit "B" and incorporated herein. SP-7 CITY OF CHANHASSEN BY: Denny Laufenburger,Mayor (SEAL) AND: Todd Gerhardt, City Manager YOSEMITE HOLDINGS LLC: BY: Terry Forbord, COO STATE OF MINNESOTA) (ss. COUNTY OF CARVER ) The foregoing instrument was acknowledged before me this day of 2016, by Denny Laufenburger, Mayor, and by Todd Gerhardt, City Manager, of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. NOTARY PUBLIC STATE OF MINNESOTA ) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2016, by Terry Forbord, Chief Operating Officer of Yosemite Holdings LLC, a Limited Liability Company, on behalf of the company. NOTARY PUBLIC DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen,MN 55317 (952)227-1100 SP-8 EXHIBIT "A" TO DEVELOPMENT CONTRACT LEGAL DESCRIPTION OF SUBJECT PROPERTY: That part of the Northwest Quarter of Section 2, Township 116, Range 23, Carver County, Minnesota described as follows: Beginning at the Southwest corner of the Northwest Quarter, Section 2, Township 116, Range 23; thence East along the half section line 330 feet (20 rods); thence North 660.00 feet(40 rods); thence West 330 feet(20 rods)to the section line; thence South 660 feet (40 rods)to the place of beginning; EXCEPT so much of the following described tract as in the foregoing description, beginning at a point on the section line between said Section 2 and 3; Township 116, Range 23, said point being 610 feet North of the Quarter section corner between said Section 2 and 3 and marked by an iron gas pipe set in the ground; thence North along the section 591.5 feet to a cartway 16.5 (1 rod) wide; thence East along the South boundary of said cartway 280.5 feet to the center of a street 33 feet(2 rods)wide; thence South 4 degrees 47 minutes East along the center of said street 593.56 feet; thence West 330 feet to the place of beginning, according to the United States Government Survey thereof. AND That part of the Southeast Quarter of the Northeast Quarter(SE1/4NE1/4) of Section 3, Township 116, Range 23, described as follows: Starting at the Southeast Corner of said NE 1/4 of said Section 3, running Westerly along the South line of said SE 1/4 of said NE 1/4 a distance of 80 feet, then Northerly 275 feet, then Easterly 80 feet, thence Southerly along the Easterly line of said SE 1/4 of said NE 1/4 to the point of beginning, Carver County, Minnesota. AND That part of the Southeast Quarter of the Northeast Quarter of Section 3, Township 116, Range 23, as follows: Beginning at a point on the South line of said Southeast Quarter of the Northeast Quarter, 80 feet West of said Southeast corner; thence continuing along said line 170 feet; thence North 275 feet; thence West 80 feet; thence North 170.5 feet; thence North 8 1/2 degrees, East 13 rods and 3 links; thence East 18 rods, thence South 385 feet; thence West 80 feet; thence South 275 feet to the point of beginning, Carver County, Minnesota. SP-9 MORTGAGE HOLDER CONSENT TO DEVELOPMENT CONTRACT which holds a mortgage on the subject property, the development of which is governed by the foregoing Development Contract, agrees that the Development Contract shall remain in full force and effect even if it forecloses on its mortgage. Dated this day of , 20_ STATE OF MINNESOTA ) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 20 ,by . NOTARY PUBLIC DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227-1100 SP-10 FEE OWNER CONSENT TO DEVELOPMENT CONTRACT fee owners of all or part of the subject property, the development of which is governed by the foregoing Development Contract, affirm and consent to the provisions thereof and agree to be bound by the provisions as the same may apply to that portion of the subject property owned by them. Dated this day of , 20_ STATE OF MINNESOTA ) ( ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 20 ,by NOTARY PUBLIC DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 (952) 227-1100 SP-11 IRREVOCABLE LETTER OF CREDIT No. Date: TO: City of Chanhassen 7700 Market Boulevard,Box 147 Chanhassen,Minnesota 55317 Dear Sir or Madam: We hereby issue, for the account of (Name of Developer) and in your favor, our Irrevocable Letter of Credit in the amount of$ , available to you by your draft drawn on sight on the undersigned bank. The draft must: a) Bear the clause, "Drawn under Letter of Credit No. , dated 2 ,of (Name of Bank) b)Be signed by the Mayor or City Manager of the City of Chanhassen. c)Be presented for payment at (Address of Bank) , on or before 4:00 p.m.on November 30, 2 This Letter of Credit shall automatically renew for successive one-year terms unless, at least forty- five (45) days prior to the next annual renewal date (which shall be November 30 of each year), the Bank delivers written notice to the Chanhassen City Manager that it intends to modify the terms of, or cancel, this Letter of Credit. Written notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty-five (45) days prior to the next annual renewal date addressed as follows: Chanhassen City Manager, Chanhassen City Hall,7700 Market Boulevard,P.O. Box 147,Chanhassen,MN 55317,and is actually received by the City Manager at least thirty(30)days prior to the renewal date. This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended, amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein. This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be made under this Letter of Credit. This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for Documentary Credits,International Chamber of Commerce Publication No. 600. We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation. BY: Its SP-12 CITY OF CHANHASSEN DEVELOPMENT CONTRACT (Developer Installed Improvements) EXHIBIT "B" GENERAL CONDITIONS 1. Right to Proceed. Within the plat or land to be platted, the Developer may not grade or otherwise disturb the earth, remove trees, construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings until all the following conditions have been satisfied: 1) this agreement has been fully executed by both parties and filed with the City Clerk, 2) the necessary security and fees have been received by the City, 3) the plat has been recorded with the County Recorder's Office or Registrar of Title's Office of the County where the plat is located, and 4) the City Engineer has issued a letter that the foregoing conditions have been satisfied and then the Developer may proceed. 2. Phased Development. If the plat is a phase of a multiphased preliminary plat, the City may refuse to approve final plats of subsequent phases if the Developer has breached this Contract and the breach has not been remedied. Development of subsequent phases may not proceed until Development Contracts for such phases are approved by the City. Park charges and area charges for sewer and water referred to in this Contract are not being imposed on outlots, if any, in the plat that are designated in an approved preliminary plat for future subdivision into lots and blocks. Such charges will be calculated and imposed when the outlots are final platted into lots and blocks. 3. Preliminary Plat Status. If the plat is a phase of a multi-phased preliminary plat, the preliminary plat approval for all phases not final platted shall lapse and be void unless final platted into lots and blocks,not outlots,within two(2)years after preliminary plat approval. 4. Changes in Official Controls. For two (2) years from the date of this Contract, no amendments to the City's Comprehensive Plan, except an amendment placing the plat in the current urban service area, or official controls shall apply to or affect the use, development density, lot size, lot layout or dedications of the approved plat unless required by state or federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Contract to the contrary, to the full extent permitted by state law the City may require compliance with any amendments to the City's Comprehensive Plan, official controls,platting or dedication requirements enacted after the date of this Contract. 5. Improvements. The improvements specified in the Special Provisions of this Contract shall be installed in accordance with City standards, ordinances, and plans and specifications which have been prepared and signed by a competent registered professional engineer furnished to the City and approved by the City Engineer. The Developer shall obtain all necessary permits from the Metropolitan Council Environmental Services and other pertinent agencies before proceeding with construction. The City will, at the Developer's expense, have one or more GC-1 construction inspectors and a soil engineer inspect the work on a full or part-time basis. The Developer shall also provide a qualified inspector to perform site inspections on a daily basis. Inspector qualifications shall be submitted in writing to the City Engineer. The Developer shall instruct its project engineer/inspector to respond to questions from the City Inspector(s)and to make periodic site visits to satisfy that the construction is being performed to an acceptable level of quality in accordance with the engineer's design. The Developer or his engineer shall schedule a preconstruction meeting at a mutually agreeable time at the City Council chambers with all parties concerned,including the City staff,to review the program for the construction work. 6. Iron Monuments. Before the security for the completion of utilities is released, all monuments must be correctly placed in the ground in accordance with Minn. Stat. § 505.02, Subd. 1. The Developer's surveyor shall submit a written notice to the City certifying that the monuments have been installed. 7. License. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in conjunction with plat development. 8. Site Erosion and Sediment Control. Before the site is rough graded, and before any utility construction is commenced or building permits are issued, the erosion and sediment control plan, Plan B, shall be implemented, inspected, and approved by the City. The City may impose additional erosion and sediment control requirements if they would be beneficial. All areas disturbed by the excavation and backfilling operations shall be reseeded forthwith after the completion of the work in that area. Except as otherwise provided in the erosion and sediment control plan, seed shall be certified seed to provide a temporary ground cover as rapidly as possible. All seeded areas shall be fertilized,mulched, and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion and sediment transport. If the Developer does not comply with the erosion and sediment control plan and schedule of supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion and sediment transport at the Developer's expense. The City will endeavor to notify the Developer in advance of any proposed action,but failure of the City to do so will not affect the Developer's and City's rights or obligations hereunder. No development will be allowed and no building permits will be issued unless the plat is in full compliance with the erosion and sediment control requirements. Erosion and sediment control needs to be maintained until vegetative cover has been restored, even if construction has been completed and accepted. After the site has been stabilized to where,in the opinion of the City,there is no longer a need for erosion and sediment control, the City will authorize the removal of the erosion and sediment control, i.e. hay bales and silt fence. The Developer shall remove and dispose of the erosion and sediment control measures. 8a. Erosion Control During Construction of a Dwelling or Other Building. Before a building permit is issued for construction of a dwelling or other building on a lot, a $500.00 cash escrow or letter of credit per lot shall also be furnished to the City to guarantee compliance with City Code § 7-22. GC-2 9. Clean up. The Developer shall maintain a neat and orderly work site and shall daily clean, on and off site, dirt and debris, including blowables, from streets and the surrounding area that has resulted from construction work by the Developer,its agents or assigns. 10. Acceptance and Ownership of Improvements. Upon completion and acceptance by the City of the work and construction required by this Contract, the improvements lying within public easements shall become City property. After completion of the improvements, a representative of the contractor, and a representative of the Developer's engineer will make a final inspection of the work with the City Engineer. Before the City accepts the improvements, the City Engineer shall be satisfied that all work is satisfactorily completed in accordance with the approved plans and specifications and the Developer and his engineer shall submit a written statement to the City Engineer certifying that the project has been completed in accordance with the approved plans and specifications. The appropriate contractor waivers shall also be provided. Final acceptance of the public improvements shall be by City Council resolution. 11. Claims. In the event that the City receives claims from laborers, materialmen, or others that work required by this Contract has been performed, the sums due them have not been paid, and the laborers, materialmen, or others are seeking payment out of the financial guarantees posted with the City, and if the claims are not resolved at least ninety(90) days before the security required by this Contract will expire, the Developer hereby authorizes the City to commence an Interpleader action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courts, to draw upon the letters of credit in an amount up to 125% of the claim(s) and deposit the funds in compliance with the Rule, and upon such deposit, the Developer shall release, discharge, and dismiss the City from any further proceedings as it pertains to the letters of credit deposited with the District Court, except that the Court shall retain jurisdiction to determine attorneys'fees. 12. Park Dedication. The Developer shall pay full park dedication fees in conjunction with the installation of the plat improvements. The park dedication fees shall be the current amount in force at the time of final platting pursuant to Chanhassen City Ordinances and City Council resolutions. 13. Landscaping. Landscaping shall be installed in accordance with Plan D. Unless otherwise approved by the City, trees not listed in the City's approved tree list are prohibited. The minimum tree size shall be two and one-half (21/2) inches caliper, either bare root in season, or balled and burlapped. The trees may not be planted in the boulevard (area between curb and property line). In addition to any sod required as a part of the erosion and sediment control plan, Plan B, the Developer or lot purchaser shall sod the boulevard area and all drainage ways on each lot utilizing a minimum of six (6)inches of topsoil as a base. Seed or sod shall also be placed on all disturbed areas of the lot. If these improvements are not in place at the time a certificate of occupancy is requested, a financial guarantee of$750.00 in the form of cash or letter of credit shall be provided to the City. These conditions must then be complied with within two (2) months after the certificate of occupancy issued, except that if the certificate of occupancy is issued between October 1 through May 1 these conditions must be complied with by the following July 1st. Upon expiration of the time period, inspections will be conducted by City staff to verify satisfactory completion of all conditions. City staff will conduct inspections of incomplete items with a $50.00 inspection fee deducted from the escrow fund for each inspection. After satisfactory inspection, the financial guarantee shall be returned. If the requirements are not satisfied, the City may use the GC-3 security to satisfy the requirements. The City may also use the escrowed funds for maintenance of erosion control pursuant to City Code Section 7-22 or to satisfy any other requirements of this Contract or of City ordinances. These requirements supplement, but do not replace, specific landscaping conditions that may have been required by the City Council for project approval. 14. Warranty. The Developer warrants all improvements required to be constructed by it pursuant to this Contract against poor material and faulty workmanship. The Developer shall submit either 1) a warranty/maintenance bond for 100% of the cost of the improvement, or 2) a letter of credit for twenty-five percent(25%)of the amount of the original cost of the improvements. A. The required warranty period for materials and workmanship for the utility contractor installing public sewer and water mains shall be two (2) years from the date of final written City acceptance of the work. B. The required warranty period for all work relating to street construction, including concrete curb and gutter, sidewalks and trails, materials and equipment shall be subject to two (2) years from the date of final written acceptance. C. The required warranty period for sod, trees, and landscaping is one full growing season following acceptance by the City. 15. Lot Plans. Prior to the issuance of building permits, an acceptable Grading, Drainage, Erosion Control including silt fences, and Tree Removal Plan shall be submitted for each lot for review and approval by the City Engineer. Each plan shall assure that drainage is maintained away from buildings and that tree removal is consistent with development plans and City Ordinance. 16. Existing Assessments. Any existing assessments against the plat will be re-spread against the plat in accordance with City standards. 17. Hook-up Charges. . At the time of final plat approval the Developer shall pay 30% of the City Sewer Hook-up charge and 30% of the City Water hook up charge for each lot in the plat in the amount specified in Special Provision, Paragraph 8, of this Development Contract. The balance of the hook-up charges is collected at the time building permits are issued are based on 70% of the rates then in effect,unless a written request is made to assess the costs over a four year term at the rates in effect at time of application. 18. Public Street Lighting. The Developer shall have installed and pay for public street lights in accordance with City standards. The public street lights shall be accepted for City ownership and maintenance at the same time that the public street is accepted for ownership and maintenance. A plan shall be submitted for the City Engineer's approval prior to the installation. Before the City signs the final plat, the Developer shall pay the City a fee of$300.00 for each street light installed in the plat. The fee shall be used by the City for furnishing electricity and maintaining each public street light for twenty(20)months. GC-4 19. Signage. All street signs, traffic signs, and wetland monumentation required by the City as a part of the plat shall be furnished and installed by the City at the sole expense of the Developer. 20. House Pads. The Developer shall promptly furnish the City "as-built" plans indicating the amount,type and limits of fill on any house pad location. 21. Responsibility for Costs. A. The Developer shall pay an administrative fee in conjunction with the installation of the plat improvements. This fee is to cover the cost of City Staff time and overhead for items such as review of construction documents, preparation of the Development Contract, monitoring construction progress,processing pay requests,processing security reductions, and final acceptance of improvements. This fee does not cover the City's cost for construction inspections. The fee shall be calculated as follows: i) if the cost of the construction of public improvements is less than $500,000, three percent(3%)of construction costs; ii) if the cost of the construction of public improvements is between $500,000 and $1,000,000, three percent (3%) of construction costs for the first $500,000 and two percent(2%)of construction costs over$500,000; iii) if the cost of the construction of public improvements is over$1,000,000,two and one-half percent (21/2%) of construction costs for the first $1,000,000 and one and one-half percent(11/2%) of construction costs over$1,000,000. Before the City signs the final plat, the Developer shall deposit with the City a fee based upon construction estimates. After construction is completed, the final fee shall be determined based upon actual construction costs. The cost of public improvements is defined in paragraph 6 of the Special Provisions. B. In addition to the administrative fee, the Developer shall reimburse the City for all costs incurred by the City for providing construction and erosion and sediment control inspections. This cost will be periodically billed directly to the Developer based on the actual progress of the construction. Payment shall be due in accordance with Article 21E of this Agreement. C. The Developer shall hold the City and its officers and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from plat approval and development. The Developer shall indemnify the City and its officers and employees for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorneys'fees. D. In addition to the administrative fee, the Developer shall reimburse the City for costs incurred in the enforcement of this Contract,including engineering and attorneys'fees. GC-5 E. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Contract within thirty (30) days after receipt. If the bills are not paid on time, the City may halt all plat development work and construction, including but not limited to the issuance of building permits for lots which the Developer may or may not have sold, until the bills are paid in full. Bills not paid within thirty(30) days shall accrue interest at the rate of 8%per year. F. In addition to the charges and special assessments referred to herein, other charges and special assessments may be imposed such as, but not limited to, sewer availability charges ("SAC"), City water connection charges, City sewer connection charges, and building permit fees. G. Private Utilities. The Developer shall have installed and pay for the installation of electrical, natural gas, telephone, and cable television service in conjunction with the overall development improvements. These services shall be provided in accordance with each of the respective franchise agreements held with the City. H. The developer shall pay the City a fee established by City Council resolution, to reimburse the City for the cost of updating the City's base maps, GIS data base files, and converting the plat and record drawings into an electronic format. Record drawings must be submitted within four months of final acceptance of public utilities. All digital information submitted to the City shall be in the Carver County Coordinate system. 22. Developer's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer is first given notice of the work in default, not less than four (4) days in advance. This Contract is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 23. Miscellaneous. A. Construction Trailers. Placement of on-site construction trailers and temporary job site offices shall be approved by the City Engineer as a part of the pre-construction meeting for installation of public improvements. Trailers shall be removed from the subject property within thirty(30) days following the acceptance of the public improvements unless otherwise approved by the City Engineer. B. Postal Service. The Developer shall provide for the maintenance of postal service in accordance with the local Postmaster's request. C. Third Parties. Third parties shall have no recourse against the City under this Contract. The City is not a guarantor of the Developer's obligations under this Contract. The City shall have no responsibility or liability to lot purchasers or others for the City's failure to enforce this Contract or for allowing deviations from it. D. Breach of Contract. Breach of the terms of this Contract by the Developer shall be grounds for denial of building permits, including lots sold to third parties. The City may also GC-6 issue a stop work order halting all plat development until the breach has been cured and the City has received satisfactory assurance that the breach will not reoccur. E. Severability. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Contract is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. F. Building Permits. Building permits will not be issued in the plat until sanitary sewer, watermain, and storm sewer have been installed, tested, and accepted by the City, and the streets needed for access have been paved with a bituminous surface and the site graded and revegetated in accordance with Plan B of the development plans. G. Waivers/Amendments. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. H. Release. This Contract shall run with the land and may be recorded against the title to the property. After the Developer has completed the work required of it under this Contract, at the Developer's request the City Manager will issue a Certificate of Compliance. Prior to the issuance of such a certificate, individual lot owners may make as written request for a certificate applicable to an individual lot allowing a minimum of ten(10)days for processing. I. Insurance. Developer shall take out and maintain, or cause the same to be taken out and maintained until six (6)months after the City has accepted the public improvements, public liability and property damage insurance covering personal injury, including death, and claims for property damage which may arise out of Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them. Limits for bodily injury and death shall be not less than $500,000 for one person and $1,000,000 for each occurrence; limits for property damage shall be not less than $500,000 for each occurrence; or a combination single limit policy of $1,000,000 or more. The City shall be named as an additional insured on the policy, and the Developer shall file with the City a certificate evidencing coverage prior to the City signing the plat. The certificate shall provide that the City must be given ten (10) days advance written notice of the cancellation of the insurance. The certificate may not contain any disclaimer for failure to give the required notice. J. Remedies. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, expressed or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right,power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right,power or remedy. K. Assignability. The Developer may not assign this Contract without the written permission of the City Council. The Developer's obligation hereunder shall continue in full force and effect even if the Developer sells one or more lots,the entire plat,or any part of it. GC-7 L. Construction Hours. Construction hours, including pick-up and deliveries of material and equipment and the operation of any internal combustion engine, may only occur from 7:00 a.m. to 6:00 p.m. on weekdays, from 9:00 a.m. to 5:00 p.m. on Saturdays with no such activity allowed on Sundays or on legal holidays. Contractors must require their subcontractors, agents and supplies to comply with these requirements and the Contractor is responsible for their failure to do so.Under emergency conditions,this limitation may be waived by the written consent of the City Engineer. If construction occurs outside of the permitted construction hours, the Contractor shall pay the following administrative penalties: First violation $ 500.00 Second violation $ 1,000.00 Third&subsequent violations All site development and construction must cease for seven(7)calendar days M. Noise Amnlification. The use of outdoor loudspeakers, bullhorns, intercoms, and similar devices is prohibited in conjunction with the construction of homes, buildings, and the improvements required under this contract. The administrative penalty for violation of construction hours shall also apply to violation of the provisions in this paragraph. N. Access. All access to the plat prior to the City accepting the roadway improvements shall be the responsibility of the Developer regardless if the City has issued building permits or occupancy permits for lots within the plat. 0. Street Maintenance. The Developer shall be responsible for all street maintenance until streets within the plat are accepted by the City. Warning signs shall be placed by the Developer when hazards develop in streets to prevent the public from traveling on same and directing attention to detours. If streets become impassable, the City may order that such streets shall be barricaded and closed. The Developer shall maintain a smooth roadway surface and provide proper surface drainage. The Developer may request, in writing, that the City plow snow on the streets prior to final acceptance of the streets. The City shall have complete discretion to approve or reject the request. The City shall not be responsible for reshaping or damage to the street base or utilities because of snow plowing operations. The provision of City snow plowing service does not constitute final acceptance of the streets by the City. P. Storm Sewer Maintenance. The Developer shall be responsible for cleaning and maintenance of the storm sewer system (including ponds, pipes, catch basins, culverts and swales) within the plat and the adjacent off-site storm sewer system that receives storm water from the plat. The Developer shall follow all instructions it receives from the City concerning the cleaning and maintenance of the storm sewer system. The Developer's obligations under this paragraph shall end two(2)years after the public street and storm drainage improvements in the plat have been accepted by the City. Twenty percent (20%) of the storm sewer costs, shown under section 6 of the special provisions of this contract, will be held by the City for the duration of the 2-year maintenance period. Q. Soil Treatment Systems. If soil treatment systems are required, the Developer shall clearly identify in the field and protect from alteration,unless suitable alternative sites are first GC-8 provided, the two soil treatment sites identified during the platting process for each lot. This shall be done prior to the issuance of a Grading Permit. Any violation/disturbance of these sites shall render them as unacceptable and replacement sites will need to be located for each violated site in order to obtain a building permit. R. Variances. By approving the plat, the Developer represents that all lots in the plat are buildable without the need for variances from the City's ordinances. S. Compliance with Laws. Ordinances, and Regulations. In the development of the plat the Developer shall comply with all laws, ordinances, and regulations of the following authorities: 1. City of Chanhassen; 2. State of Minnesota,its agencies, departments and commissions; 3. United States Army Corps of Engineers; 4. Watershed District(s); 5. Metropolitan Government,its agencies, departments and commissions. T. Proof of Title. Upon request, the Developer shall furnish the City with evidence satisfactory to the City that it has the authority of the fee owners and contract for deed purchasers to enter into this Development Contract. U. Soil Conditions. The Developer acknowledges that the City makes no representations or warranties as to the condition of the soils on the property or its fitness for construction of the improvements or any other purpose for which the Developer may make use of such property. The Developer further agrees that it will indemnify, defend, and hold harmless the City,its governing body members,officers, and employees from any claims or actions arising out of the presence, if any, of hazardous wastes or pollutants on the property, unless hazardous wastes or pollutants were caused to be there by the City. V. Soil Correction. The Developer shall be responsible for soil correction work on the property. The City makes no representation to the Developer concerning the nature of suitability of soils nor the cost of correcting any unsuitable soil conditions which may exist. On lots which have no fill material a soils report from a qualified soils engineer is not required unless the City's building inspection department determines from observation that there may be a soils problem. On lots with fill material that have been mass graded as part of a multi-lot grading project, a satisfactory soils report from a qualified soils engineer shall be provided before the City issues a building permit for the lot. On lots with fill material that have been custom graded, a satisfactory soils report from a qualified soils engineer shall be provided before the City inspects the foundation for a building on the lot. W. Haul Routes. The Developer, the Developer's contractors or subcontractors must submit proposed haul routes for the import or export of soil, construction material, construction equipment or construction debris, or any other purpose. All haul routes must be approved by the City Engineer GC-9 X. Development Signs. The Developer shall post a six foot by eight foot development sign in accordance with City Detail Plate No. 5313 at each entrance to the project. The sign shall be in place before construction of the required improvements commences and shall be removed when the required improvements are completed, except for the final lift of asphalt on streets. The signs shall contain the following information: project name, name of developer, developer's telephone number and designated contact person, allowed construction hours. Y. Construction Plans. Upon final plat approval, the developer shall provide the City with two complete sets of full-size construction plans and four sets of 11"x 1 7" reduced construction plan sets and three sets of specifications. Within four months after the completion of the utility improvements and base course pavement and before the security is released, the Developer shall supply the City with the following: (1) a complete set of reproducible Mylar as-built plans, (2)two complete full-size sets of blue line/paper as-built plans, (3)two complete sets of utility tie sheets, (4) location of buried fabric used for soil stabilization, (5) location stationing and swing ties of all utility stubs including draintile cleanouts, (6) bench mark network, (7) digital file of as-built plans in both .dxf & .tif format (the .dxf file must be tied to the current county coordinate system), (8) digital file of utility tie sheets in either .doc or .tif format, and (9) a breakdown of lineal footage of all utilities installed, including the per lineal foot bid price. The Developer is required to submit the final plat in electronic format. Z. As-Built Lot Surveys. An as-built lot survey will be required on all lots prior to the Certificate of Occupancy being issued. The as-built lot survey must be prepared, signed, and dated by a Registered Land Surveyor. Sod and the bituminous driveways must be installed before the as-built survey is completed. If the weather conditions at the time of the as-built are not conducive to paving the driveway and/or installing sod, a temporary Certificate of Occupancy may be issued and the as-built escrow withheld until all work is complete. Rev.3/31/06 GC-10